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(영문) 서울동부지방법원 2016.09.09 2016나21812
양수금
Text

1. Revocation of the judgment of the first instance, and the lawsuit of this case shall be dismissed;

2. The total cost of a lawsuit shall be borne individually by each party.

purport.

Reasons

1. Basic facts

A. A. Around June 30, 1990, the Defendant issued a credit card and used it with the credit card issued by the Seoul Trust Bank Co., Ltd.

Seoul Trust Bank Co., Ltd. changed its trade name to Seoul Bank in around 1995, and was merged with Han Bank Co., Ltd in December 2002.

B. Assignment 1) On June 27, 2003, Han Bank Co., Ltd., Ltd., Ltd., a limited company specializing in Eno Seoul Special Metropolitan City First Asset-backed Securitization (hereinafter “instant claim”) against the Defendant’s credit card payment claim against the limited company specializing in Eno Seoul Special Asset-backed Securitization.

Around July 14, 2003, a limited company specializing in the first-Seoul Specialized Asset-backed Securitization delegated the authority to notify the assignment of claims, and sent the notice of the assignment of claims to "Yan-gu B", a domicile of the defendant, at the time of the defendant by the content-certified mail. (2) On November 20, 2008, a limited company specializing in the fourth Asset-Backed Asset Management Loan Co., Ltd. transferred the instant claim to the Dlim Asset Management Loan Co., Ltd.

On March 4, 2009, Dlim Asset Management Loan Co., Ltd. was delegated with the power to notify the assignment of claims and sent the notice of the assignment of claims to "Yan-gu B" by means of content-certified mail.

3) On February 12, 2010, 2010, a joint savings bank loan company and Plaintiff Drown Asset Management Loan Co., Ltd. transferred the instant claim to the Plaintiff in sequential order on December 16, 2010. Upon delegation of the authority to notify the assignment of the claim, the Plaintiff sent the notice of the assignment of the claim to the Plaintiff, in April 27, 2012. (c) as of May 15, 2012, the principal amount of the instant claim is KRW 66,362,053, and interest and delay damages are KRW 290,538,121. [Judgment of the court below] The purport of the entire pleadings is as follows.

2. Whether a subsequent appeal is lawful;

A. The plaintiff's assertion.

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